[Introduced January 11, 2012; referred to the Committee on
Education; and then to the Committee on Finance.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §18C-3-4, relating to
health professionals student loan programs; providing in-state
tuition rates to out-of-state medical and osteopathic students
who agree to practice for a specific time in an underserved
area within West Virginia; setting forth the conditions for
approval in the program; providing for repayment; and granting
rule-making authority.

Be it enacted by the Legislature of West Virginia:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §18C-3-4, to read as
follows:

(a) Legislative findings. -- The Legislature finds that there
is a critical need for additional practicing health care
professionals in West Virginia. Therefore, there is hereby created
a health sciences tuition program to be administered by the vice
chancellor for health sciences. The purpose of this program is to
provide an incentive for out-of-state health professional students
to complete their training and provide primary care in underserved
areas of West Virginia.

(b) Establishment of special account. –- There is established
the Health Education Student Out-of-State Tuition Regularization
Program. An individual is eligible for consideration for enrollment
in this program if the individual:

(1) Demonstrates financial need;

(2) Meets established academic standards;

(3) Is enrolled or accepted for enrollment at the West
Virginia University School of Medicine, the Marshall University
School of Medicine, or the West Virginia School of Osteopathic
Medicine in a program leading to the degree of medical doctor
(M.D.) or doctor of osteopathy (D.O.);

(4) Has not yet received one of the degrees provided in
subdivision (3) of this subsection;

(5) Is not in default of any previous student loan;

(6) Is a student who is currently, or, who will be classified
as, paying out of state tuition; and

(7) Commits to render services as a medical doctor or a doctor
of osteopathy in this state in a medically underserved area or in
a medical specialty in which there is a shortage of physicians, as
determined by the Division of Health at the time the application
for inclusion in the fund’s program was made.

Each individual applicant shall submit to the commission a
notarized, sworn statement of commitment to service on a form
provided for that purpose. Upon receipt of the statement, and the
commission’s approval of the same, the commission shall waive the
out-of-state tuition differential for one academic year in exchange
for a commitment of each full twelve consecutive calendar months of
service.

(c) Repayment provisions. -- A program participant who fails
to practice in an underserved area of West Virginia within six
months of the completion of his or her training, who fails to
complete his or her training or who fails to complete the required
commitment is in breach of contract and is liable for repayment of
the portion of the amount of out-of-state tuition waived plus
interest. The granting or renewal of a license to practice in West
Virginia or to reciprocal licensure in another state based upon
licensure in West Virginia shall be contingent upon beginning
payment and continuing payment until complete repayment of the
total amount if the recipient fails to complete the required
practice commitment. No license, renewal or reciprocity may be
granted to persons whose repayments are in arrears. The appropriate
regulatory board shall inform all other states where a recipient
has reciprocated based upon West Virginia licensure of any refusal
to renew licensure in West Virginia as a result of failure to repay
the tuition amount.

(d) Promulgation of rules. -- The Higher Education Policy
Commission shall promulgate rules pursuant to article three-a,
chapter twenty nine-a of this code necessary for the implementation
and administration of this section. The program may be limited to
a number of graduate students each year, with the understanding
that the number of students at each of these institutions to whom
waivers are granted, may not exceed the number assigned by these
rules, at any one time.

NOTE: The purpose of this bill is to create a tuition waiver
program, allowing out-of-state medical students who commit to
practice in an underserved area of West Virginia for a specified
period, may pay in-state tuition. The bill sets forth the
conditions for approval in the program. The bill provides for
repayment of the tuition waiver if the student does not practice in
the underserved area; The bill also grants rule making authority.

This section is new; therefore, strike-throughs and
underscoring have been omitted.